If neither a bill of lading nor a bill of lading issued, , the proof of the number of transferred cargo from that of type. 17 Abs. 1 CMR beneficiaries by one of the carrier or sei-nem driver issued a receipt (Transfer receipt) be performed. The carrier may not rely on, the Übernahmequit-tung had no probative value or its probative value was shaken, because they “blind” was signed, if the person signing the Empfangsbestä-ment had the opportunity, to observe the loading or after completion of-sen to verify at least the number of packages.
JUDGMENT BGH I ZR 109/13 from 22. More 2014
CMR Art. 17 Abs. 1, Art. 29 Abs. 1; HGB § 435; Civil Code §§ 242 Cd, 368; Code of Civil Procedure §§ 416, 440 Continue reading The proof of the number of transferred cargo can also by a certificate issued by the carrier receipt (Transfer receipt) be performed